Medicare beneficiaries increasingly rely on long-term care, and the portion of seniors needing these services will keep rising as the population ages. However, long-term care is mostly not covered by Medicare. While Medicaid fills the gap in Medicare coverage for long-term care, its complex eligibility rules can make qualifying for benefits difficult. What’s more – eligibility rules vary significantly from state to state.
Medicaid nursing home coverage
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying).
When only one spouse needs Medicaid, the income limit for single applicants is used – and only the applicant’s income is counted.
However, this income limit (of $2,742 a month for single applicants) does not mean nursing home enrollees can keep all of their income up to the limit. Nursing home enrollees have to pay nearly their entire income toward their care, other than a small personal needs allowance (of $30/month) and money for health insurance premiums (such as Medicare Part B and Medigap).
Assets limits: The asset limit is $2,000 if single and $4,000 if married (and both spouses are applying). If only one spouse has Medicaid, the other spouse can keep a Community Spouse Resource Allowance (CSRA) that is up to $66,480. This is a lower amount than in many other states.
Certain assets are never counted, including many household effects, family heirlooms, certain prepaid burial arrangements, and one car. Medicaid long-term care enrollees also can’t have more than $688,000 in home equity.
Home and Community Based Services (HCBS) waivers
Every state’s Medicaid program covers certain community-based long-term care services, which are provided at an enrollee’s home, adult day care center, assisted living facility, or another community setting. Medicaid programs offering these services are called Home and Community Based Services (HCBS) waivers. Enrollees can receive these services without entering a nursing home.
Income limits: The income limit is $2,742 a month if single and $5,484 a month if married (and both spouses are applying).
When only one spouse needs Medicaid, the income limit for single applicants is used – and only income from the applying spouse is counted.
Assets limits: The asset limit is $2,000 if single and $4,000 if married (and both spouses are applying). If only one spouse has Medicaid, the other spouse can keep up to $66,480.
Applicants can’t receive HCBS benefits if they have more than $688,000 in home equity.
Qualifying for Medicaid LTSS with income above the eligibility limit in South Carolina
Applicants with incomes greater than the eligibility limit for nursing home care and HCBS can qualify for those services by depositing income into a Qualified Income Trust or “Miller Trust.”
Even though it is placed in the Miller Trust beforehand, nursing home enrollees must pay nearly all of this income toward their care. However, some states allow HCBS recipients to keep a significant personal needs allowance to pay for certain health and living related expenses.
Spousal impoverishment protections in South Carolina
Eligibility rules for Medicaid LTSS programs differ from other Medicaid benefits when only one spouse is applying. When this occurs, only the applying spouse’s income is counted. With other Medicaid benefits, the income of both spouses is counted – regardless of who applies.
Spousal impoverishment rules allow the “community spouses” (i.e. the non-applying spouses) of Medicaid LTSS recipients to keep a Minimum Monthly Maintenance Needs Allowance (MMMNA) from their Medicaid spouse’s monthly income, along with resource and housing allowances. These rules apply when one spouse needs Medicaid coverage for LTSS, and the other spouse doesn’t have Medicaid.
In South Carolina in 2022, these “community spouses” were allowed to keep:
Medicaid home equity limit in South Carolina
Applicants for Medicaid nursing home care and HCBS benefits are not allowed to have significant home equity. States set these home equity levels based on a federal minimum of $688,000 and maximum of $1,033,000 in 2023.
South Carolina uses the most restrictive home equity limit allowed – meaning applicants with more than $688,000 in home equity are not eligible for LTSS programs.
Penalties for transferring assets in South Carolina
Because long-term care is expensive, individuals can have an incentive to give away or transfer assets to make themselves eligible for Medicaid LTSS. To curb these asset transfers, federal law requires states to institute a penalty period for Medicaid nursing home applicants who give away or transfer assets for less than their value. States can also have a penalty period for HCBS.
South Carolina has an asset transfer penalty for both nursing home care and HCBS. The state uses a 60-month lookback period during which asset transfers and gifts are prohibited. This penalty is calculated by dividing the value of asset transfers and gifts during the lookback period by the cost of nursing home care (which is about $8,797 a month in 2023).
Estate recovery in South Carolina
A state’s Medicaid agency is required to recover what it paid for long-term care related medical expenses while an enrollee was 55 or older. States can choose to also pursue estate recovery for all other Medicaid costs.
South Carolina has chosen to only recover from the estates of enrollees who receive LTSS. If it does pursue estate recovery, the state could also recoup the cost of medical and hospital benefits it covered while the enrollee received long-term care.
When Medicaid coverage was administered by a Managed Care Organization (MCO) (i.e., a private insurer with whom the state contracts to administer Medicaid coverage), the state will attempt to recover what it paid the MCO. That means the estate recovery amount could be more (or less) than the actual cost of Medicaid services received. As a result, the estates of enrollees who used very little care could face large bills.